Definitions

from The American Heritage® Dictionary of the English Language, 5th Edition.

  • noun A claim pled against a plaintiff by a defendant, either in opposition to the relief sought or as an independent cause of action against the plaintiff.
  • intransitive verb To plead a counterclaim against a plaintiff.

from The Century Dictionary.

  • noun A claim in the nature of a cross-action set up by the defendant against the plaintiff in a lawsuit.
  • In law, to set up an affirmative defense; make a counter-claim (which see).

from the GNU version of the Collaborative International Dictionary of English.

  • noun (Law) A claim made by a person as an offset to a claim made on him.

from Wiktionary, Creative Commons Attribution/Share-Alike License.

  • noun law a suit filed by a defendant against a plaintiff secondary to the original complaint.
  • verb intransitive To file a counterclaim.

from WordNet 3.0 Copyright 2006 by Princeton University. All rights reserved.

  • verb set up a claim in opposition to a previous claim
  • noun a claim filed in opposition to another claim in a legal action

Etymologies

Sorry, no etymologies found.

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Examples

  • This changes the dynamic of litigation, even if the chance of success of a counterclaim is low.

    IPSC: final plenary Rebecca Tushnet 2009

  • This changes the dynamic of litigation, even if the chance of success of a counterclaim is low.

    Archive 2009-08-01 Rebecca Tushnet 2009

  • The best counterclaim is that … while purporting to do these things … it fails at almost everyone.

    Smart Mobs » Blog Archive » Smartmobby responses to Blackboard patent 2006

  • In the Hymn to Hermes we find for the first time the expression δίκην διδόναι καὶ δέχεσθαι to describe the claim and counterclaim which is to be submitted to adjudication, and which is, in this case, to be weighed on Zeus '“scales of dikē” (312, 324).

    Dictionary of the History of Ideas MARTIN OSTWALD 1968

  • In particular, he does an excellent job at getting at the underlying nature of the claims – noting that the issue raised by Pierce Marshall was to determine the dischargeability of his defamation claim, to which Smith raised her counterclaim.

    The Volokh Conspiracy » Ninth Circuit Decision in Marshall v. Stern (formerly Marshall v. Marshall): 2010

  • Just a random thought — assume that the Federal Government sues Arizona to enjoin it from enforcing the new Arizona law — Could Arizona assert a counterclaim against the Federal Government to recover the Billions which Arizona is being forced to spend on things like indigent medical care for illegal immigrants, public education of children of illegal immigrants, and extra lw enforcement costs attributable to crimes committed by illegal immigrants?

    The Volokh Conspiracy » Feds May Sue Arizona Over Immigration 2010

  • The counterclaim also alleges Mr. Jacobs endangered the company's relationships with the Macau and China governments by commissioning an investigative report on Macau public officials without seeking approval from the board of Sands China or from Adelson.

    Wynn Isn't Worried About Regulators Despite Sands Probe Kate O'Keeffe 2011

  • DjDiverDan: Just a random thought — assume that the Federal Government sues Arizona to enjoin it from enforcing the new Arizona law — Could Arizona assert a counterclaim against the Federal Government to recover the Billions which Arizona is being forced to spend on things like indigent medical care for illegal immigrants, public education of children of illegal immigrants, and extra lw enforcement costs attributable to crimes committed by illegal immigrants?

    The Volokh Conspiracy » Feds May Sue Arizona Over Immigration 2010

  • In addition to denying the allegations, Las Vegas Sands filed a counterclaim last month accusing Mr. Jacobs of extortion.

    Wynn Isn't Worried About Regulators Despite Sands Probe Kate O'Keeffe 2011

  • Yes, I know that they claimed that the state law tort counterclaim by Anna Nicole Smith was a non-core matter, but they lost that issue in the Bankruptcy Court.

    The Volokh Conspiracy » San Francisco Program on Anna Nicole Smith Case: 2010

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